Hong Kong Case Law: Decisions & Judgments

Topic

Shareholder inspection

Legal area

Court

14 Nov 2018

NINOTRE INVESTMENT LTD AND ANOTHER v. L & A INTERNATIONAL HOLDINGS LTD

Citation

[2018] HKCFI 2555
Court

Court of First Instance
Case number

HCMP64/2018

The court found the statutory threshold under s740 was satisfied, the application was made in good faith and for a proper purpose, and the fact that the 2nd plaintiff acquired shares to meet the threshold did not vitiate good faith; accordingly an order for inspection of specified documents was granted with liberty to apply and a costs order nisi against the Company.
31 May 2018

YIU HO WING v. CHINA EASE INVESTMENTS LTD

Citation

[2018] HKCFI 1498
Court

Court of First Instance
Case number

HCMP960/2017

Because the applicant had been validly removed as a director prior to the hearing his locus to seek inspection as a director ceased; however the removal occurred at an eleventh hour and the company and adverse shareholders had been aware of the applicant's intention to inspect since 2015, so fairness required an award of costs to the applicant for the originating summons; leave to adduce the defendant's late affirmation was granted and no costs were ordered for that summons or for the withdrawn amendment summons.
15 Aug 2017

WONG SAU MAN, SAMUEL v. WONG KAN PO, WILSON AND OTHERS

Citation

WONG SAU MAN, SAMUEL v. WONG KAN PO, WILSON AND OTHERS
Court

Court of First Instance
Case number

HCMP2550/2016

The court held the plaintiff was no longer a director as his appointment expired on 31 December 2015 and so lacked locus for a s.374 director inspection claim; as a registered shareholder the plaintiff failed to discharge the burden to show good faith and a proper purpose for the wide-ranging historical inspection sought (it amounted to a fishing expedition), and on discretionary grounds the Originating Summons for inspection was dismissed with costs ordered nisi against the plaintiff.
4 Jun 2012

CHEN HA PING HEPBURN AND ANOTHER v. CHEN TING SAN DANIEL AND ANOTHER

Citation

CHEN HA PING HEPBURN AND ANOTHER v. CHEN TING SAN DANIEL AND ANOTHER<br>
Court

Court of First Instance
Case number

HCMP2059/2011

Directors have a statutory and common law right to inspect company documents and shareholders may inspect when they have a proper purpose; applicants demonstrated reasonable suspicion of serious irregularities and the respondent failed to prove any real risk that inspection would be abused to injure the companies, therefore production and inspection were ordered and costs awarded to the applicants.
17 May 2012

CHEUNG TUNG LAN, TONY v. YANG YONGDONG AND OTHERS

Citation

CHEUNG TUNG LAN, TONY v. YANG YONGDONG AND OTHERS
Court

Court of First Instance
Case number

HCMP447/2012

The application for inspection was dismissed because the plaintiff failed to establish a proper purpose under s152FA (and thus did not meet the statutory test), sought overly broad and largely irrelevant categories of documents, and was not able to demonstrate a sufficiently reasonable case for investigation; consequentially costs were awarded to the defendants and the costs of the 1st–3rd defendants were ordered to be taxed on a common fund basis.
30 Aug 2011

WONG KAR GEE MIMI v. HUNG KIN SANG RAYMOND AND ANOTHER

Citation

WONG KAR GEE MIMI v. HUNG KIN SANG RAYMOND AND ANOTHER
Court

Court of First Instance
Case number

HCMP1602/2010

The plaintiff was acting in good faith and established a proper purpose under s152FA to investigate suspected misapplication of company assets; good faith and proper purpose are separate inquiries (subjective belief and objective assessment); the court will grant an inspection order confined to records of the company in its possession (including subsidiary documents that form part of company records) while excluding documents protected by legal professional privilege and limiting disclosure of personal data under the PDPO; accordingly specified categories of company records for 2006 to date w…

Hong Kong Case Law

NINOTRE INVESTMENT LTD AND ANOTHER v. L & A INTERNATIONAL HOLDINGS LTD

YIU HO WING v. CHINA EASE INVESTMENTS LTD

WONG SAU MAN, SAMUEL v. WONG KAN PO, WILSON AND OTHERS

CHEN HA PING HEPBURN AND ANOTHER v. CHEN TING SAN DANIEL AND ANOTHER

CHEUNG TUNG LAN, TONY v. YANG YONGDONG AND OTHERS

WONG KAR GEE MIMI v. HUNG KIN SANG RAYMOND AND ANOTHER